Monthly Archives: September 2014

It is remarkably easy to head off down a genealogical rabbit hole and, following a trail you believe will lead in one direction, find yourself arriving by quite another route.

A case in point relates to a Chancery document I recently requested from the National Archives because it referred both to a family called Bayly and a John Augier. I have wanted for a long time to establish who was the John Augier who was father of the remarkable Augier sisters about whom I have written before. The spelling of Bayly is an unusual one and I already knew of Zachary Bayly, the uncle of the Jamaican historian Bryan Edwards,who had extensive connections with Jamaica. In addition the Bayly family in the Chancery case came from Bristol, a city with extensive trading and slavery connections, and not far from the Wiltshire roots of Zachary Bayly. So far so good.

The Chancery case dated 1717 was a complex one and, like many cases within Jamaica, made the more so by the deaths of most of the protagonists! Put as simply as I can John Rowe of Bristol was suing for the inheritance of his dead son, a minor also called John Rowe. The child’s mother was Mary Bayly the daughter of Samuel Bayly whose other children were Anne and Richard. In her Will written about 1703 Mary Grant, the Bayly girls grandmother left them a substantial inheritance in money, Plate and furniture. She made various provisions for how the money was to be divided in the event of the deaths of either of the young women and for Mary’s son John Rowe. The Trustees in the various Wills involved included several of the Bayly brothers and their cousin Thomas Weare (like his cousins a mercer).

Samuel Bayly was a mercer of the City of Bristol and his brothers were also mercers and linen drapers. His brother Richard was also a soap boiler. John Rowe senior’s case was that Richard Bayly had claimed to be insolvent and so offered to pay only twelve shillings in the pound to his creditors, which included the Trust fund. He believed that Richard Bayly had in fact paid some of his creditors in full. Rowe said that Samuel Bayly had promised to make good any deficiency on behalf of young John Rowe, but had not done so before his death in about 1708 despite owning considerable property at Henbury about five miles from Bristol.

Meanwhile Samuel’s son Richard Bayly had married Mary Hayes and then died leaving her free to marry John Augier. John Rowe’s contention was that the various Trustees of the legacy of Mary Grant had conspired together with John Augier to pretend that Richard Bayly senior’s business had failed and hence to defraud the only descendant entitled to that legacy – the now dead John Rowe junior. Since John Rowe senior was administrator of his infant son’s property, and indeed would inherit anything he left, he was effectively suing on his own behalf! Moreover in addition to the various items left by Mary Grant he also claimed that John Augier and his wife had taken a bed from a house in Bristol High Street to which John Rowe was entitled.

If you would like to read the full details of the case I have transcribed the document because although it is not a Jamaica suit it is probably fairly typical of the kinds of arguments that arose when estates went unadministered and legatees died before claiming their inheritance. At the very least John Rowe was requesting that the Court should enforce the provision of evidence by those he was suing to demonstrate what had happened to the property and to provide full accounts for the expenses. For example Rowe claimed that more had apparently been spent on his mother-in-law’s funeral than the fifty pounds she had specified in her Will.

Reading some of the Bayly family Wills it seems likely that they were telling the truth about the failure of Richard Bayly’s business and that Samuel Bayly had tried to make some kind of provision for little John Rowe. Whether Richard Bayly had actually lost some of the Trust fund fraudulently propping up his failing business we will never know.

And what about the Jamaican connections I had been searching for? I have so far failed to link this Bayly merchant family in Bristol with the family of Zachary Bayly, which is not to say such a link may not exist. But certainly the John Augier cited in the case is not the John Augier who died in Jamaica about 1720.

However it turns out there is a Jamaica connection.

The Bayly brothers had a sister called Mary who married the wonderfully named Uzziel Bussell. Uzziel had a father William Bussell, a Bristol baker, who died about February 1679/80 and in his Will (not proved until after the death of Uzziel in 1695) mentioned his brother Edmund in Jamaica. William did not sign his Will but made his mark and so was either illiterate or too ill to be able sign and therefore it is reasonable to assume that his brother’s name should have been Edward. For one of the original settlers in Jamaica was Edward Bussell. There is some evidence that the Bussell family may have been non-conformists and so may have left England at the Restoration, having been on the ‘wrong’ side in the Civil War.

Edward Bussell and his wife Grace had seven children baptised in the parish of St Andrew between 1666 and 1681. Edward was recorded as owning eleven acres of land in the first survey of Jamaica in 1670 and there is also a grant of 60 acres to ‘Francis Bussell and Smith’. Edward’s son William lived to grow up, married and had at least one child, another William baptised in 1682. There are eight Bussell burials in St Andrew between 1689 and 1702, and although it is impossible to distinguish father from son and mother from daughter where they share the same name, it seems likely that Edward died in 1693 and his wife in 1702.

Although there were Bussells in Jamaica in the nineteenth century the probability is that the early settler family had died out by the first decade of the eighteenth century, as had so many of the first colonists. Whether their connection with the Bayly family of Bristol is in any way related to the decision made by Zachary Bayly to go there half a century later remains to be discovered.